NORA BEVERAGES, INC., Plaintiff-Appellant, v. PERRIER GROUP OF AMERICA, INC., POLAND SPRING CORPORATION, ZEPHYRHILLS CORPORATION, ARROWHEAD WATER CORPORATION, and CALISTOGA MINERAL WATER COMPANY, INC., Defendants-Appellees., 164 F.3d 736

Summary

Plaintiff bottled natural spring water and sold the water in 1.5-liter clear plastic bottles. Plaintiff discussed with defendants the possibility of plaintiff supplying bottles to the defendants. The negotiations stopped, and defendants chose another company. The bottles were virtually identical to those used by plaintiff. Plaintiff sued defendants for, inter alia, unjust enrichment, trade dress infringement, and trade secret misappropriation. Defendants were granted summary judgment. The appellate court found, inter alia, that the record was insufficient to support the lower court's finding that there was no genuine factual dispute as to whether the bottle used had become generic. The defendants did not establish that the statute of frauds barred plaintiff's contract claim. Because the shape of plaintiff's bottle was not a trade secret and plaintiff offered no evidence of wrongful acquisition or use or disclosure of the remainder of its information, the district court properly ...